Sec. 53a-38. Calculation of terms of imprisonment.
Sec. 53a-38. Calculation of terms of imprisonment. (a) An indeterminate sentence of imprisonment commences when the prisoner is received in the custody or institution to which he was sentenced.
(b) A definite sentence of imprisonment commences when the prisoner is received
in the custody to which he was sentenced. Where a person is under more than one
definite sentence, the sentences shall be calculated as follows: (1) If the sentences run
concurrently, the terms merge in and are satisfied by discharge of the term which has
the longest term to run; (2) if the sentences run consecutively, the terms are added to
arrive at an aggregate term and are satisfied by discharge of such aggregate term.
(c) When a sentence of imprisonment that has been imposed on a person is vacated
and a new sentence is imposed on such person for the same offense or for an offense
based on the same act, the new sentence shall be calculated as if it had commenced at
the time the vacated sentence commenced, and all time served under or credited against
the vacated sentence shall be credited against the new sentence.
(d) When a person who is serving a sentence of imprisonment escapes, the escape
shall interrupt the sentence and such interruption shall continue until the return of such
person to the custody of the Commissioner of Correction.
(1969, P.A. 828, S. 38; P.A. 92-260, S. 17.)
History: P.A. 92-260 made a technical change in Subsec. (c).
Calculations of terms of imprisonment discussed. 185 C. 124. Cited. 230 C. 17.
Cited. 9 CA 686. Cited. 45 CA 566.
Subsec. (a):
Cited. 33 CA 205.
Cited. 40 CS 354.
Subsec. (b):
Cited. 209 C. 23. Subdiv. (2) cited. 217 C. 568. Subdiv. (1) cited. 228 C. 384. Subdiv. (2) cited. Id., 384. Where habeas
corpus petitioner was convicted and sentenced on separate charges in April and September of same year, and the September
sentence was to run concurrent to the April sentence, petitioner's September sentence began to run in September, because
that is when he was "received in the custody to which he was sentenced". 274 C. 563.
Cited. 34 CA 503.
Subsec. (c):
Cited. 202 C. 343. Cited. 215 C. 695. Cited. 216 C. 220. Fundamental purpose is to afford inmate credit toward current
sentence for time that he was confined as direct result of his initial trial on same charges and therefore petitioner entitled
to credit toward his prison sentence for time that he was confined in mental health facility. 258 C. 394.
Cited. 30 CA 190. Cited. 39 CA 455. Proper method for calculating terms of imprisonment discussed. 90 CA 460.